Parmanand Kumar Vs the State of Jharkhand — Cheque Dishonour | Jharkhand HC (2025)

Parmanand Kumar Vs the State of Jharkhand — Cheque Dishonour | Jharkhand HC (2025)

What the court decided

AI extract

Outcome

Criminal Revision No. 339 of 2025 allowed: appellate judgment dated 12.04.2024 and trial judgment of conviction/order of sentence dated 28.02.2023 set aside; petitioner acquitted under section 138 NI Act; petitioner discharged from liability of bail bonds; copy of Order to be sent to the Court below.

Issue for consideration

Whether the judgment dated 12.04.2024 in Criminal Appeal No. 53 of 2023 and the underlying conviction and sentence dated 28.02.2023 under section 138 of the N.I. Act may be set aside and the petitioner acquitted, given the compromise between the petitioner and O.P. No. 2 with full payment of Rs. 2,00,000/-.

Court's answer

The judgment dated 12.04.2024 passed in Criminal Appeal No. 53 of 2023 by the Additional Sessions Judge-VII, Dhanbad and the judgment of conviction and order of sentence dated 28.02.2023 in Compliant Case No. 2484 of 2015 are set aside.

Ratio / Principle

Petitioner Parmanand Kumar is acquitted of the offence under section 138 of the Negotiable Instruments Act and is discharged from the liability of his bail bonds.

Detailed headnote1 paragraphs

Jharkhand High Court (Ranchi), Sanjay Prasad, J., Order No. 05 dated 23.04.2025, Cr. Rev. No. 339 of 2025 (Neutral Citation 2025:JHHC:15124): Parmanand Kumar had been convicted on 28.02.2023 by the Judicial Magistrate 1st Class, Dhanbad (Ms. Divya Aswani) in Compliant Case No. 2484 of 2015 for the offence under section 138 of the N.I. Act and sentenced to six months' S.I. plus a fine of Rs. 2,00,000/- payable to complainant Jay Pal; the Additional Sessions Judge-VII, Dhanbad (Sri Kuldeep) dismissed Criminal Appeal No. 53 of 2023 on 12.04.2024, affirming that conviction and sentence. Upon a joint compromise petition (I.A. No. 3683 of 2025, petition dated 21.03.2025, Annexure-A compromise letter) recording that the petitioner had paid the entire Rs. 2,00,000/- (Rs. Two Lakhs) to O.P. No. 2 Jay Pal, with the A.P.P. raising no objection and O.P. No. 2 confirming receipt and having no grievance, the judgments dated 12.04.2024 and 28.02.2023 were set aside, the petitioner was acquitted under section 138 of the Negotiable Instruments Act, and he was discharged from the liability of his bail bonds; the Criminal Revision was allowed and a copy of the Order ordered to be sent to the Court below.

Neutral Citation No. ( 2025:JHHC:15124 )

IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr. Rev. No. 339 of 2025

Parmanand Kumar, aged about 40 yrs. S/o Late Balram Yadav, R/o Bhuli, D Block Road, Sona Complex, P.O &P.S.Bhuli, Dist. Dhanbad. …… Petitioner

Versus

The State of Jharkhand

Jay Pal aged about 38 years, S/o Late Shiv Pd. Gupta, R/o Tanda Katras Bazar, P.O & P.S- Katras Bazar, P.S.Kardasgarh Dist. Dhanbad

…… Opposite Parties

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CORAM: HON'BLE MR. JUSTICE SANJAY PRASAD

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For the Petitioner : Mr. Shailesh Kumar Singh, Advocate For the State : Mr. Sunil Kumar Dubey, A.P.P. For the O.P. No. 2 : Ms. Rashmi Lal, Advocate

…..

Order No. 05/ Dated:23.04.2025

This Criminal Revision has been filed by the petitioner by challenging the judgment dated 12.04.2024 passed in Criminal Appeal No. 53 of 2023 by Sri Kuldeep, learned Additional Sessions Judge- VII, Dhanbad by which learned Additional Sessions Judge-VII, Dhanbad has dismissed the Criminal Appeal No. 53 of 2023 by affirming the judgment of conviction and order of sentence dated 28.02.2023 passed by Ms. Divya Aswani, learned Judicial Magistrate, 1^st Class, Dhanbad in connection with Compliant Case No. 2484 of 2015 by which the petitioner has been convicted for the offence under section 138 of the N.I.Act and sentenced to undergo S.I. for a period of six (06) months and further directed to the fine of pay Rs. 2,00,000/- to the complainant.

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Neutral Citation No. ( 2025:JHHC:15124 )

I.A. No. 3683 of 2025 has been filed on behalf of the petitioner and the O. P. No. 2 by way of a joint compromise petition .

Heard learned counsel for the petitioner, learned counsel for the State and learned counsel for the O. P. No. 2. 4. It is submitted by the learned counsel for the petitioner that the impugned judgment and order of sentence passed by the learned Courts below are illegal, arbitrary and not sustainable in the eye of law. However, it is submitted that the case has been compromised between the petitioner and the O.P. No. 2. It is submitted the petitioner has paid entire amount to the O.P. No. 2 and has enclosed Annexure –A which is compromise letter. It is submitted that the petitioner has paid entire Rs. 2,00,000/- (Rs. Two Lakhs) and hence the impugned judgment may be set-aside and the petitioner may be acquitted.

Learned A.P.P. has been raised no objection.

Learned counsel for the O.P. No. 2 also admit that the factum of compromise and has submitted that the O.P. No. 2 has received Rs. 2,00,000/- ( Rs. Two Lakhs) from the petitioner and has no grievance against the petitioner.

It appears from the record that the petitioner has been granted bail by this Court on 28.03.2025.

It appears from the joint compromise petition dated 21.03.2025 that the petitioner Parmanand Kumar has paid entire amount to the O.P. No. 2 Jay Pal.

Under the circumstances , the judgment dated 12.04.2024 passed in Criminal Appeal No. 53 of 2023 by Sri Kuldeep, learned Additional Sessions Judge- VII, Dhanbad

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Neutral Citation No. ( 2025:JHHC:15124 )

and the judgment of conviction and order of sentence dated 28.02.2023 passed by Ms. Divya Aswani, learned Judicial Magistrate, 1^st Class, Dhanbad in connection with Compliant Case No. 2484 of 2015 are set-aside and the petitioner namely Parmanand Kumar is acquitted for the offence under section 138 of Negotiable Instruments Act and the petitioner is also discharged from the liability of his bail bonds.

Accordingly, this Criminal Revision No. 339 of 2025 is allowed.

Let a copy of this Order be sent to the learned Court below.

(Sanjay Prasad, J.)

Bibha/

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